New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter III - Plant Industry
Subchapter C - PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES (ARTICLE 14, AGRICULTURE AND MARKETS LAW)
Part 142 - Exterior Quarantine of Spotted Lanternfly (lycorma Delicatula)
Section 142.1 - Definitions

Universal Citation: 1 NY Comp Codes Rules and Regs § 142.1

Current through Register Vol. 46, No. 39, September 25, 2024

For this Part, the following words, names and terms shall be construed respectively, to mean:

(a) AML. The Agriculture and Markets Law.

(b) Certificate of inspection. A valid form issued by the certifying authority of a state, certifying that a regulated article may be moved into the State of New York, pursuant to the provisions of this Part.

(c) Certifying Authority. A State Plant Regulatory Official (SPRO) or an individual authorized by a SPRO to issue a certificate of inspection.

(d) Commissioner. The Commissioner of the Department of Agriculture and Markets of the State of New York, or his or her duly authorized representative.

(e) DEC. The Department of Environmental Conservation of the State of New York.

(f) Department. The Department of Agriculture and Markets of the State of New York.

(g) Firewood. Wood, cut or not cut, split or not split, regardless of length, which is either in a form and size appropriate for use as fuel, or intended for use as fuel. Firewood does not include:

(1) kiln dried dimensional lumber;

(2) wood that has been chipped; and

(3) logs or wood being transported to or possessed by the following operations and facilities for use in their primary manufacturing process:

(i) sawmills for dimensional lumber;

(ii) pulp and/or paper mills;

(iii) wood pellet manufacturing facilities;

(iv) plywood manufacturing facilities;

(v) wood biomass-using refineries or power plants;

(vi) re-constituted wood or wood composite product manufacturing plants; and

(vii) facilities treating firewood in accordance with Department regulations.

(h) Inspector. An inspector of the Department, or cooperator from DEC or the United States Department of Agriculture (USDA), when authorized by the Department to act in that capacity.

(i) Move; movement. Shipped, offered or received for shipment, carried, transported, or relocated into or through any area of the State of New York.

(j) Nursery stock. All trees, shrubs, plants, vines, and parts thereof.

(k) Person. An individual, organization, corporation or partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity other than the DEC or the Department and its respective authorized agents.

(l) Spotted lanternfly or SLF. The insect known as Spotted lanternfly, Lycorma delicatula, in any life stage.

(m) State. One of the fifty constituent political entities of the United States.

(n) Regulated Article. An article listed in Section 142.3 of the Part.

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